Tag Archives: Prince William Virginia Child Custody Laws

Inconvenient Forum Prince William Virginia Law

25 Wednesday Dec 2013

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Inconvenient Forum Cases In Prince William – Virginia Lawyers

Inconvenient Forum Cases In Prince William Virginia

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PRINCE WILLIAM VIRGINIA LAWYERS – UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT STATUTES

Va. Code Ann. §20-146.18

§ 20-146.18. Inconvenient forum.

A. A court of this Commonwealth that has jurisdiction under this act to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon the motion of a party, the court’s own motion, or request of another court.

B. Before determining whether it is an inconvenient forum, a court of this Commonwealth shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to present evidence and shall consider all relevant factors, including:

Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

    1. The length of time the child has resided outside this Commonwealth;
    2. The distance between the court in this Commonwealth and the court in the state that would assume jurisdiction;
    3. The relative financial circumstances of the parties;
    4. Any agreement of the parties as to which state should assume jurisdiction;
    5. The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
    6. The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
    7. The familiarity of the court of each state with the facts and issues in the pending litigation.

C. If a court of this Commonwealth determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

D. A court of this Commonwealth may decline to exercise its jurisdiction under this act if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

PRINCE WILLIAM VIRGINIA LAWYERS – INCONVENIENT FORUM

Virginia Statute

Jurisdiction
Va. Code Ann. §20-146.18(A)Inconvenient forum A court of this Commonwealth that has jurisdiction under this act

  1. To make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum.
  2. The issue of inconvenient forum may be raised upon the motion of a party, the court’s own motion, or request of another court.

 
Va. Code Ann. §20-146.18(B)Inconvenient forum Before determining whether it is an inconvenient forum, a court of this Commonwealth shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to present evidence and shall consider all relevant factors, including:

  1. Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
  2. The length of time the child has resided outside this Commonwealth;
  3. The distance between the court in this Commonwealth and the court in the state that would assume jurisdiction;
  4. The relative financial circumstances of the parties;
  5. Any agreement of the parties as to which state should assume jurisdiction;
  6. The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
  7. The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
  8. The familiarity of the court of each state with the facts and issues in the pending litigation.

 
Va. Code Ann. §20-146.18(C) If a court of this Commonwealth determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
Va. Code Ann. §20-146.18(D) A court of this Commonwealth may decline to exercise its jurisdiction under this act if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

Inconvenient Forum Cases In Prince William Virginia

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Emergency Custody Prince William Virginia Law

25 Wednesday Dec 2013

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Emergency Custody Cases In Prince William – Virginia Lawyers

Emergency Custody Cases In Prince William Virginia

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20-146.15

20-146.15. Temporary emergency jurisdiction.

A. A court of this Commonwealth has temporary emergency jurisdiction if the child is present in this Commonwealth and the child has been abandoned or if it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to mistreatment or abuse or placed in reasonable apprehension of mistreatment or abuse or there is reasonable apprehension that such person is threatened with mistreatment or abuse.

B. If there is no previous child custody determination that is entitled to be enforced under this act and a child custody proceeding has not been commenced in a court of a state having jurisdiction under 20-146.12, 20-146.13 or 20-146.14, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under 20-146.12, 20-146.13 or 20-146.14. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under 20-146.12, 20-146.13 or 20-146.14, a child custody determination made under this section becomes a final determination, if it so provides and this Commonwealth becomes the home state of the child.

C. If there is a previous child custody determination that is entitled to be enforced under this act, or a child custody proceeding has been commenced in a court of a state having jurisdiction under 20-146.12, 20-146.13 or 20-146.14, any order issued by a court of this Commonwealth under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction. The order issued in this Commonwealth remains in effect until an order is obtained from the other state within the period specified or until the period expires.

D. A court of this Commonwealth that has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under 20-146.12, 20-146.13 or 20-146.14, shall immediately communicate with the other court. A court of this Commonwealth that is exercising jurisdiction pursuant to 20-146.12, 20-146.13 or 20-146.14, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.

Description

Virginia Statute

Condition
Temporary emergency jurisdiction Va. Code 20-146.15(A) A court has temporary emergency jurisdiction if the child is present in this Commonwealth and the child has been abandoned or if it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to mistreatment or abuse or placed in reasonable apprehension of mistreatment or abuse or there is reasonable apprehension that such person is threatened with mistreatment or abuse.
Va. Code 20-146.15(B) If there is no previous child custody determination that is entitled to be enforced under this act and a child custody proceeding is pending in a court of a state having jurisdiction under 20-146.12, 20-146.13 or 20-146.14, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction.If a child custody proceeding has not been or is not commenced in such court, a child custody determination made under this section becomes a final determination, if it so provides and this Commonwealth becomes the home state of the child.
Va. Code 20-146.15(C) If there is a previous child custody determination that is entitled to be enforced under this act, or a child custody proceeding has been commenced in a court of a state having jurisdiction under 20-146.12, 20-146.13 or 20-146.14, any order issued by a court of this Commonwealth under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction. The order issued in this Commonwealth remains in effect until an order is obtained from the other state within the period specified or until the period expires.
Va. Code 20-146.15(D) A court of this Commonwealth that has been asked to make a child custody determination upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction shall immediately communicate with the other court. A court of this Commonwealth that is exercising jurisdiction upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.

Emergency Custody Cases In Prince William Virginia

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Sris Law Group
1-703-278-0405

Child Custody Modification Prince William Virginia Law

25 Wednesday Dec 2013

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Child Custody Modification Cases In Prince William – Virginia Lawyers

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20-146.14

20-146.14. Jurisdiction to modify determination.

Except as otherwise provided in 20-146.15, a court of this Commonwealth may not modify a child custody determination made by a court of another state unless a court of this Commonwealth has jurisdiction to make an initial determination under subdivision A 1 or A 2 of 20-146.12 and:

  1. The court of the other state determines that it no longer has exclusive, continuing jurisdiction under 20-146.13 or that a court of this Commonwealth would be a more convenient forum under 20-146.18; or
  2. A court of this Commonwealth or a court of the other state determines that neither the child, the child’s parents, nor any person acting as a parent presently reside in the other state.

Virginia Statute

Description

Condition
Va. Code 20-146.14 Jurisdiction to modify determination A court may not modify a child custody determination made by a court of another state unless a court of this Commonwealth has jurisdiction to make an initial determination under subdivision A 1 or A 2 of 20-146.12, except as otherwise provided in 20-146.15 and:

  1. The court of the other state determines that it no longer has exclusive, continuing jurisdiction under 20-146.13 or that this court would be a more convenient forum under 20-146.18
  2. A court of this Commonwealth or a court of the other state determines that neither the child, the child’s parents, nor any person acting as a parent presently reside in the other state

Child Custody Modification Cases In Prince William Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case

A Sris
Sris Law Group
1-703-278-0405